Truck Accident FAQ
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Due to the sheer size discrepancy between the average passenger vehicle and a large commercial truck, the main difference between an auto accident and a truck accident is the severity of damages incurred.Car accident injury claims and truck accident injury claims are handled very differently, as well. In the event of a truck accident, many different parties can be held liable, including the truck driver and the trucking company that employs the driver. There are regulations that truck drivers must follow in regards to both maneuvering and maintaining their trucks, which is taken into consideration when investigating a truck accident injury claim.
The statute of limitations for filing a truck accident injury lawsuit varies from state to state. In Connecticut, personal injury and wrongful death claims have a two year statute of limitations. In no event can a lawsuit be filed three years from the date of injury or discovery of injury. It is not advised, however, to wait to file a claim. The sooner an injury claim is filed, the better the likelihood you have of obtaining a favorable outcome.
In many states, including Connecticut, the amount of another party’s liability for the accident is determined by comparing that driver’s negligence with your own. This is known as comparative negligence. If you were 50 percent or more at-fault for the truck accident, you are unable to recover any compensation for your losses.
Part of your recovery may include payment for lost income due to missed time from work. Additionally, after being involved in a Connecticut truck accident, you may be able to collect compensation for loss of earning capacity if your injuries leave you unable to perform job functions with the same ability as prior to the collision.
According to federal regulations, truck drivers are only permitted to drive a certain number of hours each day before they are required to stop for sleep. Oftentimes, truck drivers are under unrealistic pressure to make their delivery at a certain time and may not keep accurate driving logs. Establishing how the log was maintained can be critical in evaluation if violation of federal regulations contributed to the accident.
A truck’s “No Zone” refers to the truck drivers blind spots. These are the areas next to or behind the truck where the driver has limited or no visibility. A majority of truck accidents occur when a car is riding in the truck’s No Zone
If a truck jackknifes, it does not necessarily mean that this was due to negligence or driver error, so a truck driver may not always be found liable for this type of accident. For example, if driving conditions did not allow the trucker to stop the jackknifing truck or if the truck was forced to jackknife in order to avoid another catastrophe, chances are that the driver will not be found at fault for the crash.
It can take a few days for the symptoms of serious truck accident injuries to become apparent, so it is advised to seek medical attention immediately after being involved in a truck accident. It is also important to have documentation of your injuries from a physician in order to eliminate the defense’s ability to blame the cause of your injuries on anything else expect for the truck accident.
There are several people or entities that may be held responsible for a truck accident. If you have been involved in a truck accident, you may be able to sue the truck driver, the truck company who employs the driver, the owner of the trailer the company whose goods were being shipped or any other entity that could have contributed to the accident.